Legal Request to Remove Lien

Legal Request to Remove Lien

This Legal Request to Remove Lien (the "Request") is made and entered into as of Effective Date: by and between Requesting Party: with principal address ; and Lienholder: with principal address .

RECITALS

WHEREAS, Lienholder recorded a lien against the real property described below pursuant to an instrument recorded as Instrument No. on in the records of County.

WHEREAS, the lien encumbers the property commonly known as (the "Property"), and is further described as follows:

WHEREAS, the original principal amount secured by the lien was $ and the parties state that the outstanding balance due on the underlying obligation is $ as of .

NOW, THEREFORE

In consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. Definitions

For purposes of this Request: "Instrument" means the recorded lien document identified above; "Release" means any deed, release, lien satisfaction, or instrument sufficient under applicable law to remove the lien of record; "Record" means filing with the county recorder or other recording authority having jurisdiction.

2. Release of Lien

Upon the representations of Requesting Party that the underlying obligation has been satisfied in full or as otherwise agreed, Lienholder hereby agrees, without further consideration, to execute, acknowledge and deliver to Requesting Party a proper Release of the Instrument, such Release to remove the lien from the public records to the extent permitted by applicable law. Lienholder further agrees that the Release shall recite satisfaction or termination of the lien as appropriate.

3. Execution and Recordation

Lienholder shall execute and deliver the Release within days following receipt of (a) written demand from Requesting Party and (b) documentation demonstrating payment or satisfaction as set forth in Section 4. Requesting Party shall be permitted to record the Release and, if necessary, a copy of this Request with an affidavit if the original Release is not timely delivered.

4. Evidence of Satisfaction

Requesting Party shall provide to Lienholder, at or prior to demand for the Release, such evidence as Lienholder may reasonably require, including without limitation a copy of the recorded Instrument, a payoff statement, cancelled check(s), bank wire confirmation, or an affidavit of satisfaction. Requesting Party represents that the documents provided are true, accurate and complete.

5. Representations and Warranties

Each party represents and warrants that it has full power and authority to enter into this Request and to perform its obligations. Lienholder represents that, to the best of its knowledge, except as set forth herein, no additional lien, levy or encumbrance arising from the Instrument exists as of the Effective Date other than as disclosed in writing to Requesting Party.

6. Indemnification

Requesting Party shall indemnify, defend and hold harmless Lienholder from and against any and all losses, claims, liabilities and expenses (including reasonable attorneys' fees) arising out of any misrepresentation or breach of this Request by Requesting Party, or arising from any attempt to record a Release that contains materially false statements.

7. Costs and Fees

Unless otherwise agreed in writing, each party shall bear its own costs and attorneys' fees incurred in connection with the negotiation and execution of this Request. If a party fails to comply with a material obligation under this Request and the other party is required to seek enforcement, the non-defaulting party shall be entitled to recover reasonable attorneys' fees and costs from the defaulting party.

8. Notices

All notices required or permitted hereunder shall be in writing and delivered to the addresses below by certified mail, overnight courier, or personal delivery. Notice is effective upon receipt.

9. Attachments

The following items are attached or will be delivered with this Request (check all that apply):

Recorded Instrument identifying the lien
Payoff statement or evidence of payment
Affidavit of satisfaction or other supporting affidavit
Other (describe below)

10. Governing Law; Venue

This Request shall be governed by and construed in accordance with the laws of the state of without regard to its conflict of law principles. The parties submit to the exclusive jurisdiction of the state and federal courts located in County for purposes of any action arising out of this Request.

11. Entire Agreement; Severability; Amendments; Waiver; Counterparts

This Request constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral. If any provision of this Request is held to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect. This Request may be amended only by a written instrument signed by both parties. No failure or delay by either party in exercising any right under this Request shall operate as a waiver of that right. This Request may be executed in counterparts, each of which shall be deemed an original and all of which together constitute one instrument. Electronic signatures and scanned copies of signatures shall be deemed originals.

12. Certification and Penalties

Each signatory certifies under penalty of perjury under applicable law that the information provided in this Request and in any attached documents is true and correct to the signatory's knowledge. A signatory acknowledges that knowingly making a false statement in a recorded instrument or in an affidavit may subject the signatory to civil and criminal penalties.

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